The High Court of Allahabad rejected a bail application filed under Section 439 CrPC. The court held that given the unnatural death of the deceased within 27 months of marriage and the gravity of the offences, no convincing reason was established for releasing the applicant on bail.
The bail application under Section 439 CrPC is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:212288
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44822 of 2023
Applicant :- Shuaib Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Sharma Counsel for Opposite Party :- G.A.,Rahul Singh Tomar
Hon'ble Samit Gopal,J.
depression and as such she committed suicide. It is argued that even the factum of the statement of the deceased for marriage of her brother with her sister-in-law is mentioned during investigation. It is argued that there was never any demand of dowry whatsoever either from the deceased or her family members. It is argued that the applicant has no other criminal antecedents as stated in para-33 of the affidavit and is in jail since 1.4.2023.
(Samit Gopal,J.)
Order Date :- 6.11.2023 Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a bail application filed under Section 439 CrPC in connection with cases under Sections 498A, 304B IPC, and 3/4 DP Act.
Whether the circumstances of the case, including the nature of offence and gravity, warrant granting bail to the applicant.
1 provisions across 1 enactments
Shuaib
Samit Gopal
Naresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
